McCollum Crowley — Defend Differently
WisconsinJul 10, 202683 min opinionInsurance coverage

Charlie May Brekke v. Midwest Medical Ins. Co.

Supreme Court of Wisconsin, reported at 2026 WI 29, decided this insurance coverage matter on July 10, 2026. The case reached the court on appeal from a judgment and order of the Winnebago County Circuit Court (No. 2017CV360). The dispute has been in litigation for roughly 9 years. Karofsky wrote.

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What the court held

We hold that Charlie May Brekke was a patient under § 448.30 before her birth.

Quoted from the court's own holding or syllabus. Confirm against the linked opinion before relying on it.

How the case got here

  1. Trial court

    Filed in 2017

    Winnebago County Circuit Court · No. 2017CV360 · Judge Scott C. Woldt

  2. High court review

    Docketed at the high court, 2023

    Supreme Court of Wisconsin · No. 2023AP498

  3. Jul 10, 2026

    Decided

    Opinion by Karofsky

Key passage

According to Charlie, although Samantha was the one to make that decision as the birth mother, the causation inquiry must consider only Charlie’s best interests.

Why this matters

The opinion is published, so it binds Wisconsin trial courts until the court revisits it. This decision may affect how insurers, policyholders, and claims teams evaluate coverage, defenses, and available remedies.

Review focus

The policy language and coverage question before the court

The parties' positions on carrier obligations or exclusions

The decision's practical effect on claim evaluation